Law: Civil Procedure Code (V of 1908)

Section: 23 , 33 , 1

Civil Procedure Code (V of 1908)----- ----OXLI,    Rr.    23,    33    read    with    OXLII,    R.1    & S.100---Second appeal-- Remand  Appellate Court below not only had failed to apply its judicial mind, but also had failed to discuss the facts of the case and to give reasons for its conclusion---Judgment of Appellate Court below which was not only arbitrary but was also perverse, was set aside and case was remanded back with directions to hear the parties and decide appeal on merits by writing a speaking order. Khawaja Azhar Rasheed, Asstt. A.-G. for ?Appellant Adam Khan for Respondent. Date of hearing: 20th April, 1998. JUDGMENT Khawaja  Azhar  Rashid,  learned  Assistant Advocate-General for the appellant/Government and Mr. Adam Khan, Advocate learned counsel for the respondent present and heard. Record of the case perused carefully. The operative part of the impugned order- recorded by the Additional Sessions Judge-II, Mardan, (Mr. Ziauddin Siddiqui). reads us under:-- "After restoration of appeal, again the Case was called but nobody turned up. In the original appeal too, the; respondents are proceeded against ex parte. Appeal in hand is accepted impugned Judgment and decree is set   aside and suit of the plaintiff is decreed in his favour as prayed for this order may be treated as order on merits.…